Explain this "accustomed to a standard of living" garbage that women are always awarded in a divorce?

2015-04-10 5:04 pm
is it about their actual lifestyle or is it about the money in the bank account of the man?

for eg.
Scenario 1:
Man is rich but lives WELL BELOW his means in a middle class neighborhood and an overall middle class life with his wife and kids

Scenario 2:
Man is middle class or poor but lives WAY ABOVE his means (living rich & lavishly as possible) with his wife and kids

IN WHICH SCENARIO would the wife be awarded more money? in scenario 1 where the guy is rich but they live like regular everyday people OR scenario 2 where the guy makes average money but lives like he is rich buying and spending above his means? shouldn't it be scenario 2 since that is the scenario where she was living lavishly?

回答 (7)

2015-04-10 5:14 pm
"accustomed lifestyle" is a garbage argument and can never be applied consistently.

There was a case in the UK recently where a woman won a right to try and claim money from her ex-husband more than 20 years after she divorced him. The thing is, when they were married, they were dirt poor and lived a vagrant/hippie lifestyle. After they divorced, he founded a renewable energy company on his own and became very rich. So that is scenario 1 but it's been made to apply even after the marriage has ended.

Conversely there was a case where a man was trying to challenge an award because he had fallen on hard times since the divorce. The judge sided with him and told the ex wife to "Get a job"!

I can see some merits where one partner is the sole or almost-sole breadwinner, and the other partner would face severe hardship after the divorce. It should never be used to provide someone with an income for life, or a BS "lifestyle" entitlement that includes Bentleys and designer shoes.
2015-04-10 5:51 pm
YOU are sadly mistaken if you think that women are always awarded in divorce..
2015-04-10 5:07 pm
It is based solely on how much income/assets the couple shared.
2016-07-20 5:13 am
There is really no way to get another person to change his emotions. "Living well is the best revenge." I realize you don't want revenge, but living a great life without him can make him think twice about you.
Read here https://tr.im/bKEMp

He might realize that you're a fabulous person to be around and that you're going to be fine with or without him. Keep in touch but in a casual friendly way, not needy at all, and he just might realize that he wants another shot with you. In the meantime, don't close yourself off to any other options.

I'm twice your age and I'd been in quite a few relationships before I met my husband. So let me tell you from my experience... if he can't maintain a long-term intimate relationship he could be a born player/philanderer. He may have had real feelings for you but he may be overly distracted by other girls/women. This is something that often does not change with time. Of course he's very young, so it could also be just immaturity. It sounds like you are a lot more mature than he is at this point. I'm just saying, if it doesn't work out in the end you may be better off because he might be the kind of guy who is always chasing other females anyway. You might meet "the one" and be glad you didn't stay with this guy, charming as he may be. He can be very loveable but it'll just be hell to have a relationship with him if he strays.
2015-04-11 1:33 pm
You clearly have no clue about divorce laws and they apply to the country where the people live/are divorced.
Nor do women get a better deal, no one gets a better deal in divorce, only the legal profession win and that is in any country.

In a society where there is equality of gender in law it comes down to matrimonial property, what each person earns, has such as car, home, pension etc and if the two parties can decide on an amicable settlement between them in which case the court doesn't have to decide on it, if they can't the court decides based on numerous factors.
2015-04-10 7:03 pm
I think it is based on the salary of the man, with some consideration for what the woman makes. The "accustomed to a standard of living" is jsut so a rich divorcee can be awarded way more than what is strictly needed to survive.
2015-04-10 6:44 pm
The "accustomed to a standard of living" is just a statement rationalizing the division of assets which is always around 50% of martial assets. Often people use statements like this with spouses who own businesses and have a lot of assets that may be considered pre-martial. It's a big game to achieve the 50% of all assets. How they were spending those assets does not usually matter. The only case were it does is if a child involved is enrolled in private school, daycare, or has special medical needs which can be considered an additional component of child support.

Trash articles often publish what women ask for as if they are actually getting it, if you read the actual legal outcome in its final form it makes a lot more sense how it worked out, unfortunately a lot of times its confidential.

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